Education Law That Changes Lives

Four Case Studies And Costs

It is one thing to talk about how the team at Windsor Law LLC can help your student achieve their maximum potential by assuring that educational institutions provide the appropriate support and accommodations as required by law. It’s another thing to tell you how we have done it already for other clients. Below are four recent case studies of actual clients we have helped and the cost of our assistance.

Case Study One

A third-grade Florida student who passed all his classes yet failed his FCAT multiple times. Because he failed the FCAT, he would be held back. The student was not able to pass the FCAT due to not being given the services he needed during the school year.

Through our Annual Partnership Program, we ordered the school records and carefully reviewed them to determine if the school had been in compliance with the IEP. We found that the school had not complied with the requirements of the IEP, and we were able to obtain a retest from the district using the SAT 10. This time the student passed due to our learning specialist tutoring him. He was promoted to the fourth grade.

We had great concerns that the student would not do well in fourth grade because he was still behind in his reading. By joining our Annual Partnership Program, we could ensure we obtained the services he needed to have an excellent fourth-grade year.

As a result of having the services he needed, he passed all classes, as well as his standardized tests in fourth grade on his first attempt. He also advanced his reading level by more than two years in one school year.

Annual Partnership Representation

Had we not been involved, this student would have had to repeat his third grade school year. Being the tallest and oldest student in his class, he would also not be currently on the level in all subject areas going into the fifth grade.

Case Study Two

A college student with dyslexia was failing his classes due to not being given the accommodations he needed during his exams to pass his classes in a physical therapy program. His college wrongly believed that they did not have to provide testing accommodations under the ADA because they were a private school.

Through our Annual Partnership Program, we were able to convince the school that they indeed had an obligation to provide the student with his legally allowable accommodations because they were taking federal funds in the form of granting federal student loans. Once properly accommodated using the Kurzweil 3000 reader, the student not only passed all his classes but also made the Dean’s List all remaining terms until he graduated.

Through subsequent hourly representation, we were also able to also get the accommodations the student needed on his State Board Exams. As a result, receiving proper accommodations, including using the Kurzweil 3000 Reader, the student passed his board exams on his first try.

Had we not been involved through our Annual Partnership Program, this student would have failed out of college for the second time with $40,000 worth of nondischargeable student loan debt.

Had we not been involved in helping him with his accommodations request for his board exams, he would have failed and needed to wait a full six months to take a second board exam.

Case Study Three

A gifted athlete in high school was failing all his tests and getting below-average grades. He was in danger of being thrown off the baseball team due to his poor academic performance.

We tested him and discovered why the student was not passing his tests. He had dyslexia. We ordered school records and discovered this student never had an IEP or 504 in place at any time during his academic career despite being identified as a slow reader since elementary school.

Over the next several months, we guided the parents to have the school test this student at the school’s expense and using those results made the school implement the services he needed to learn the material, as well as provide the accommodations under a 504 plan to pass his tests.

Through our Annual Partnership Program paid in part for by an anonymous donor, we were able to get the testing and services in place that the student needed to become a successful high school student. He will likely go on to attend college on an athletic scholarship.

Had we not been involved, this student would have failed his sophomore year and likely not graduated from high school; he would have been unable to play baseball. He is currently being courted by many colleges for an athletic scholarship.

Case Study Four

A third-year medical school student with ADHD was in danger of being dismissed due to her poor impulse control and below-average academic performance. She had over $200,000 worth of nondischargeable student loan debt.

Through hourly representation, we assisted her in writing her appeal to cite the applicable laws giving this student rights to the accommodations under the ADA that she needed to succeed academically and helped her show that the denial of these accommodations in the past was the actual cause of her poor performance. We helped her make a constitutional rights argument that to dismiss her with this amount of nondischargeable debt was also a violation of the 13th Amendment to the U.S. Constitution — in effect making her a slave to this debt.

We counseled her about the importance of accepting responsibility for managing her disability of ADHD so she could complete her studies with no further incidents and pass her future tests.

She has since graduated and is successfully completing her residency.

Had we not been involved, this student would have been dismissed from medical school with over $200,000 worth of nondischargeable student loan debt.

How We Work

The essential first step in obtaining correct educational support is a face-to-face meeting – advisory consultation with students, parents of students or guardians to determine the specific problems and issues to be addressed. This meeting will help us propose an initial strategy on the best methods to obtain the needed individual support for your child.

Second, a key to obtaining the right action is providing initial and periodic testing by our learning specialist, as well as a credentialed facility recognized by the school system. This will validate the specific criteria the school needs to provide the proper resources. Windsor Law LLC can guide parents through this testing and evaluation process.

Third, we can enter into an Annual Supporting Partnership enabling us to investigate any complaints and mediate fair solutions to provide optimum results. We guide you through the initial process of successfully gaining the right support, we equip students with the resources unique to them to help them, we engage the in-school programs, plus we can provide continued monitoring of school programs. Often, changing school staffing or guidelines can threaten consistent delivery of the required support, and additional intervention may be required.

Fourth, through hourly representation, we will contact the school via email, phone calls or letters to educate them regarding the student’s rights, the need for the school to respect those rights and the consequences of not respecting those rights. Usually, this is successful. Because we have thoroughly reviewed the records, we are able to convince the school to do the right thing and grant the relief we are seeking.

WE BELIEVE IT IS FAR MORE EFFICIENT AND PRODUCTIVE TO SOLVE THE PROBLEM WITHOUT LITIGATION. BUT,

  • Last – and only when absolutely necessarywe will represent parents of students or a student in a Due Process Complaint, Office of Civil Rights Complaint, or appropriate civil litigation to enforce compliance or seek other legal remedies. Because this is costly, we only go this route when there is no other reasonable alternative.

We Believe Your Child’s Future Is Determined Now!

To schedule an appointment, please contact our attorney by phone at 941-487-7527 or by email.